Tiverton Drunk Boating Arrest

Tiverton Drunk Boating Arrest

Posted By
Robert Humphrey

As reported by Bryan Rourke in the July 6, 2011 edition of the Providence Journal, a Tiverton man was arrested and charged with
boating under the influence and marijuana possession. The man's son called police because he was concerned the man may have had an accident while boating. The police located the man in a canoe. He submitted to the
chemical test and failed.

Pursuant to Rhode Island General Law 46-22.2-3 (the Alcohol Boating Safety Act),

(a) any person who operates or otherwise drives any watercraft in waters over which this state has jurisdiction while intoxicated or after he or she has been ordered not to operate a watercraft under the provisions of this chapter, shall be guilty of a civil violation, a misdemeanor or a felony and punished as set forth in this section.

(b) Any person who operates any watercraft in waters over which this state has jurisdiction while intoxicated and while so operating causes the death or serious bodily injury to another person shall be guilty of a felony and shall be punished in accordance with subdivision (f)(2) of this section.

(c) Any person charged under subsection (a) whose blood alcohol level is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical test of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance or any combination thereof, to a degree which rendered such person incapable of safely operating a watercraft. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.

(2) Any person who operates or otherwise drives any watercraft in waters over which this state has jurisdiction with a blood presence of any controlled substance , as shown by a chemical test of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subdivisions (d)(2) and (e)(1) of this section, or, for a third or subsequent violation of this subsection, shall be guilty of a felony and shall be punished as provided in subdivision (f)(1) of this section.

The penalties for drunk boating are similar to drunk driving and the penalties are enhanced based on the boater's breathalyzer results. The penalties include:

( d) Every person convicted of a first violation of subdivision (c)(1) of this section whose blood alcohol level is eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight shall be found to have committed a civil violation and may be subject to a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), may be required to perform ten (10) to sixty (60) hours of public community restitution, may be required to attend a department of environmental management endorsed boating safety course, and his or her right to operate a watercraft shall be suspended for up to forty-five (45) days.

(2) Every person convicted of a first violation of subdivision (c)(1) of this section whose blood alcohol level is one-tenth of one percent (.1%) but less than fifteen hundredths of one percent (.15%) by weight, or whose blood alcohol level is unknown, or who has been convicted of a first violation of subdivision (c)(2) of this section shall be guilty of a misdemeanor and shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a department of environmental management endorsed boating safety course, and/or alcoholic or drug treatment for the individual.

(3) Every person convicted of a first violation of subdivision (c)(1) of this section whose blood alcohol level is fifteen hundredths of one percent (.15%) or more by weight, or who is under the influence of a drug, toluene or any controlled substance, shall be guilty of a misdemeanor and shall be subject to a mandatory fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a department of environmental management endorsed boating safety course, and/or alcohol or drug treatment for the individual.